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United States Court of Appeals, Fifth CircuitSep 14, 2007
247 Fed. Appx. 552 (5th Cir. 2007)

No. 06-51488 Summary Calendar.

September 14, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:06-CR-1908-ALL.

Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges.

Mariusz Tolczyk appeals from the sentence imposed following revocation of his term of supervised release, arguing that his sentence was unreasonable. The district court properly considered the 18 U.S.C. § 3553(a) factors when imposing Tolczyk's sentence. See United States v. Gonzalez, 250 F.3d 923, 930 (5th Cir. 2001). Tolczyk's sentence, which was within the advisory guideline range and the statutory maximum, was neither unreasonable nor plainly unreasonable. See United States v. Hinson, 429 F.3d 114, 120 (5th Cir. 2005). Accordingly, the judgment of the district court is AFFIRMED.

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